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CRIM LAW - Coggle Diagram

- - - - Larcency by force or
      - Threat of force
    - - Common Law
        
        Breaking and entering a dwelling of another @ night with with intent to commit a felony with the dwelling
- - - - Asking or encouraging someone to commit a crime
      - Intent to commit that crime
      - Impossibility of completion is not a defense
    - - Agreement to commit unlawful act
      - Specific intent to achieve the object of the agreement..
      - Majority Approach
        
        Overt act in furtherance of the conspiracy = required.
        
        Conspirators are liable for:
        
        For the completed target crime
        
        Any foreseeable crimes by co-conspirators in furtherance of the conspiracy.
        
        The conspiracy
      - Common Law Approach
        
        Conspirator can withdraw from the conspiracy by notifying co-conspirators in time to abandon plan.
        
        Liability
        
        Liable for the conspiracy + crime
        
        Not liable for further crimes
    - - Common Law
        
        An act with a dangerous propensity toward completion of the crime.
      - MPC
        
        Substantial step beyond mere preperation toward completion of the crime.
- - - - Principal in the second degree
        
        Present at scence
        
        Assists but does not commit any element of the crime.
      - Accessory before the fact
        
        Not at scene
        
        Provided assistance beforehand
        
        Liable for every crime committed
        
        Planned +
        
        All foreseeable crimes
      - Principal in the first degree
        
        Present at scene
        
        Commits one element of the crime
      - Accessory after the fact
        
        Not at scene
        
        Provided assistance after crime was completed
        
        Not liable for the crime committed
        
        liable for seperate crime of being accessory after the fact.
- - - - Common Law
        
        General Intent
        
        Criminal Negligence
        
        Examples
        
        Battery
        
        Kidnapping
        
        Rape
        
        Malice
        
        Gross Negligence
        
        Examples
        
        Murder
        
        Arson
        
        S.L
        
        No means rea required
        
        Example of S.L. Crimes
        
        Public Health
        
        Safety Regulations
        
        Statutory Rape
        
        Specific Intent
        
        PURPOSE!!
        
        Examples
        
        assault
        
        Inchoate Crimes
        
        First-degree murder
        
        Property Related Crimes
      - MPC
        
        Recklessly
        
        Gross deviation from norm in consciously disregarding substantial and unjustifiable risk.
        
        Knowingly
        
        AWARENESS
        
        Negligently
        
        Gross Deviation from the norm
        
        B/C actor fails to perceive substantial and unjustifiable risk
        
        Purposely
        
        Conscious Object
- - - - Unlawful Killing +
      - Malice Aforethough
        
        Four Types of Malice
        
        Intent to inflict serious bodily injury
        
        Gross recklessness (depraved heart)
        
        Intent to kill
        
        Felony Murder
        
        Elements
        
        Killing during course of felony
        
        Intent Not Required
        
        Modern Approach
        
        Killing must be done by:
        
        Defendant or
        
        co-defendant
        
        Common law Felony Murder
        
        Felony murder would stand if killing done by anyone
    - - Voluntary
        
        Intentional killing
        
        Heat of passion
        
        Sudden and intense reaction
        
        Provocation
        
        No cooling off period
      - Involuntary
        
        Unlawful killing with negligence or recklessness or:
        
        A killing during the course of a misdemeanor or a felony not included in felony murder
    - - First-degree Murder
        
        Specific intent homicide (premeditation)
      - Second-degree murder
        
        "Catch All"
- - - - Mistake of Fact
        
        Must negate the state of mind
        
        General intent
        
        Mitake must be reasonable
        
        Specific Intent
    - - Involuntary Intoxication
        
        Defense to all elements of a crime
        
        Invol intox results when
        
        When individual is taking intoxicating substance without knowledge of its nature, under direct duress imposed by another, etc
    - - Common Law
        
        M'Naughten Rule
        
        Mental illness precludes knowing right from wrong or understanding the nature and quality of the act.
      - MPC
        
        Mental illness resulted in lack of substantial capacity to appreciate wrongness pof conduct or conform conduct to law